Asbestos was once praised for its fire-resistant properties, but it has caused thousands of deaths spanning many decades. Although it doesn’t look like it to the naked eye, asbestos fibers contain sharp, barbed points that get stuck in soft tissue when ingested or inhaled. After a while, the irritation causes inflammation that eventually leads to an aggressive cancer called mesothelioma.
Around 3,000 people are diagnosed with mesothelioma every year. However, misdiagnosis is common since the symptoms can mimic common ailments, like pneumonia and bronchitis. To avoid a misdiagnosis, it’s a good idea to be aware of mesothelioma symptoms, especially if you know you’ve been exposed.
You’d think that a material known to cause cancer for nearly 100 years would have been banned long ago, and therefore wouldn’t pose a current risk, but that’s not the case. Total federal bans have been attempted, but all have failed.
Although once widely used in building materials, like insulation, the use of asbestos has drastically declined, mostly because of partial bans, state laws, and consumer awareness. However, since there is no blanket ban at the federal level, this deadly material still finds its way into new building constructions and with older buildings, it’s allowed to remain in place.
Asbestos is prevalent in older buildings
Buildings constructed before the 1980s usually contain asbestos in the insulation, roofing, and flooring materials. With these buildings still in use, people are exposed daily as the asbestos-containing materials degrade and release the asbestos fibers into their air. Another common issue is renovations and repairs performed on older homes that disturb asbestos in the materials.
Some of the most common sources of asbestos exposure include older homes, military barracks, old school buildings, and any commercial building constructed before the 1980s.
Why isn’t asbestos completely banned?
This is a question a lot of people ask, and the answer contains a long history of technicalities. Acting within their authority under the Toxic Substances Control Act, on July 12, 1989, the EPA issued a rule to ban asbestos in stages. However, the ban was going to be a big blow to the companies that rely on asbestos to make and sell their materials. In 1991, these companies filed a lawsuit to overturn the ban, claiming asbestos alternatives would be too expensive and weren’t as safe.
They won and the Fifth Circuit Court of Appeals nearly obliterated the entire ban while acknowledging that exposure to asbestos in any amount causes cancer. The court’s ruling was reasoned by stating the EPA failed to prove that banning asbestos was the “least burdensome alternative” for controlling the public’s exposure. In other words, the court sided with the industry that relies on asbestos for its profits – not the individuals dying from cancer. Unfortunately, the Bush administration decided not to pursue overturning the court’s decision.
In 2019, the EPA issued a ruling that requires asbestos products to undergo evaluation before entering the market. This was far from a ban.
As of 2024, there is a true, but partial ban on asbestos
In March 2024, the Biden administration was successful in banning chrysotile asbestos, which is a good start. Under this rule, there are timelines in place for banning certain asbestos-containing products. For example, asbestos sheet gaskets will be phased out over 2-5 years, and aftermarket brake components containing asbestos were banned in September 2024.
Here are some of the products included in this ban:
- Artificial fireplace embers
- Block insulation
- General insulation materials
- Corrugated and commercial paper
- Fabrics and textiles
- Spray surfacing materials
- Roofing and siding
- Pipe insulation
- Wall patching compounds
- Flooring felt
- Pharmaceutical filters
- Rollboard
These are just some of the products that are being phased out under the 2024 rule. There are still a handful of companies who are allowed to continue using asbestos for anywhere between 5 and 12 years. For example, companies that make asbestos-containing diaphragms to produce chlorine for water purification have until 2036 to find an alternative.
Consumer awareness has supported the phase-out of asbestos
Although all attempts to completely ban asbestos in the United States at the federal level have failed, laws passed in the 1970s and 1980s caused manufacturers to find alternatives thanks to consumer demand.
It’s up to each person to prevent exposure
This is a prime example of how you can’t rely on the government to keep you safe. It’s up to each individual to avoid known sources of exposure and take precautions when there’s no other choice. For some, this might require changing a profession or moving into a new home. While it might be inconvenient, the alternative is far worse.
